Juvenile Crimes

North Carolina In North Carolina, you are considered an adult at the age of 18, however you can still be charged as an adult at 16 and 17. There are some provisions for processing youth under the age of 18. This depends on the severity of the crime and criminal history.

North Carolina Age Facts You can register for driver’s ed at 14 and a half You may not get married before age 14. The age of ‘consent’ is 16. You can register to vote if you will be 18 on or before the elections on November 4 th. You can’t get a tattoo unless you’re 18 (even with parent consent). – The law punishes the person giving the tattoo. You can’t get a piercing (other than your ears) until you’re 18 (unless with parent consent).

Other NC Age Facts 13 – 17 who commit Class A felony - mandatory adult system who commit Class B-E felony - juvenile system with option for transfer hearing to adult court who commit any offense - juvenile court, no transfer hearing option

Juvenile Courts The goal is rehabilitation. Neglect cases: Children who are neglected or abused by caregivers. Delinquent cases: Children who commit crimes. At a delinquent court appearance, the child, parents, arresting officer, probation officer, lawyer, and judge meet. No jury trial. The judge decides delinquent or non- delinquent.

Rights and Protections Parents must be notified of arrest. Charges must be written down. Juveniles are not fingerprinted or photographed. Right to confront witnesses. Identity is kept secret. Records can be erased as adults. Right to remain silent and have an attorney. Most of these protections were established by the Supreme Court (In re Gault case).

In Re Gault: Facts of the Case Gerald Gault, age 15, had been sentenced to six years in a reformatory for making indecent telephone calls to a neighbor. His parents were not informed of his arrest and he had no attorney present, plus the neighbor was never questioned.

In Re Gault: The Results The Supreme Court overturned the ruling in the 1967 case In re Gault and established rules for juvenile criminal cases. Juveniles have the right to counsel, the right to confront witnesses, and the right not to be forced to incriminate themselves.

Stages of the Juvenile Justice System 1. Juvenile is arrested. No fingerprints or photographs. 2. Parents and/or care givers are notified. 3. Juvenile may be kept in a juvenile detention center or sent home until until the court date. 4. Juveniles may be diverted to counseling, job training or drug treatment programs. 5. Preliminary hearing decides if there is enough evidence to try the juvenile. 6. Juvenile trial proceeds, if there is enough evidence.

Stages Continued 7. Juvenile cases are heard by a judge. (no jury trial)‏ 8. If the juvenile is found guilty the crime may be put on the juvenile’s record. 9. There is a separate hearing to determine punishment. 10. In some cases the crime is erased from the juvenile’s record once he/she has finished their probation.

Punishment Lectured, placed in special schools, or probation. Ward of the court: Court may become guardian. Sometimes tried as adults.